0000921895-05-002091 Sample Contracts

AMENDMENT NO. 2
Loan Agreement • December 15th, 2005 • Empire Resorts Inc • Retail-eating & drinking places • New York

AMENDMENT NO. 2 (this “Amendment”), dated as of November 30, 2005, among EMPIRE RESORTS, INC., a Delaware corporation (“Borrower”), the GUARANTORS listed on the signature page hereof, the lenders listed on the signature page hereof (each a “Bank” and collectively, the “Banks”) and BANK OF SCOTLAND, as agent for the Banks (in such capacity, the “Agent”).

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